IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20110021301 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 13 May 1970 to show his date of entry on active duty as 6 April 1970 instead of 7 May 1970.

2.  The applicant states he took the oath at the San Antonio Armed Forces Examining Entrance Station (AFEES) on 6 April 1970.  However, due to his brother's death, he had to go home for his funeral.  He then signed an enlistment document at the end of basic combat training on 7 May 1970.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records contain a DD Form 47 (Record of Induction) that shows the applicant was inducted into the Army of the United States at the San Antonio AFEES on 7 April 1970.

3.  He was honorably discharged on 13 May 1970 to enlist in the Regular Army.  The DD Form 214 he was issued shows he completed 6 days of creditable active service during this period as follows:

* item 6 (Date of Rank) – 7 May 1970
* item 10c (Date Inducted) – 7 May 1970
* item 11d (Effective Date) – 13 May 1970
* item 22a(1) (Net Service This Period) – 00  00  06
* item 22a(2) (Other Service) – 00  00  00
* item 22a(3) (Total) – 00  00  06
* item 22b (Total Active Service) – 00  00  06

4.  He enlisted in the Regular Army on 14 May 1970.  Item 49 (Prior Service) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows prior service from 7 May 1970 to 13 May 1970.

5.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he entered active duty on 7 April 1970.  However, there is no indication of what occurred from 7 April to 14 May 1970, the date he began basic combat training at Fort Lewis, WA.

6.  On 25 November 1970, the Adjutant General notified the applicant's immediate commander by letter that a determination was made that the applicant was inducted into the Army of the United States on 7 April 1970 and his total active Federal service is "0 years, 1 month, and 7 days."  Items 39, 40, 42, and 49 of his DD Form 4, dated 14 May 1970, have been corrected accordingly.  Additionally, the Adjutant General ordered:

* drawing one inked line through the incorrect entries of a duplicate copy of his DD Form 4 and inserting the corrected entries
* placing the notation in the remarks block of his DD Form 4, "See the Adjutant General Office correspondence, dated 25 November 1970"
* filing a copy of this memorandum permanently in his official file

7.  He was honorably released from active duty on 4 December 1970.  His DD Form 214 for this period shows the following:

* item 22a(1) – 0  6  21
* item 22a(2) – 0  0  6
* item 22a(3) – 0  6  27
* item 22b – 0  6  27

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate enlistment or reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Record of Induction shows he was inducted on 7 April 1970.  He was discharged on 13 May 1970 for the purpose of enlistment in the Regular Army.  A later review of his records confirmed the date of his induction as 7 April 1970 instead of 7 May 1970 and that he completed 1 month and 7 days of active service instead of just 7 days.

2.  Although he is not entitled to correction of his records to show his induction date as 6 April 1970, he is entitled to correction of his DD Form 214 for both periods of service to reflect the correct date of entry as 7 April 1970 as well as the total service completed.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entries "7 MAY 70" from items 6 and 10c of his DD Form 214 for the period ending 13 May 1970 and replacing them with "7 APR 70"
* deleting the entries "00  00  06" from items 22a(1), 22a(3), and 22b of his DD Form 214 for the period ending 13 May 1970 and replacing them with "00  01  06"
* deleting the entry "0  0  6" from item 22a(2) of his DD Form 214 for the period ending 4 December 1970 and replacing it with "0  1  6"
* deleting the entries "0  6  27" from item 22a(3) and 22b of his DD Form 214 for the period ending 4 December 1970 and replacing them with "0  7  27"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to show his date of entry on active duty as 6 April 1970.



      _____________x____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110021301



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021301



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1